From triumph at the ICJ to the crisis of the state of Kosovo

From triumph at the ICJ to the crisis of the Kosovo state

Written by: Adri Nurellari

15 years ago, the International Court of Justice gave Kosovo one of its greatest diplomatic victories by ruling that Kosovo’s independence was fully legal under international law. Today, this historic triumph seems like a distant memory, overshadowed by the current institutional deadlock and the reality of a government that consistently thwarts state interests for the sake of petty electoral gains. The ICJ verdict gave Kosovo a significant diplomatic advantage in international forums, as it was interpreted as a legal “seal” for independence, thus strengthening Kosovo’s sovereignty, as well as creating more space for independent action in international relations. It also influenced the stance of wavering countries that were awaiting a legal interpretation before potentially recognizing Kosovo, leading to a new wave of recognitions and applications to international organizations.

The ICJ act was a major defeat for Serbia, as the legitimacy of independence was assessed by the highest international legal authority. Ironically, it was Serbia itself that had sent the case for trial. This put Belgrade in a difficult position, making it almost impossible to maintain their narrative of “violation of territorial integrity”. Serbia was forced to withdraw its first resolution to the UN Assembly, which called for the declaration of independence as illegal at the UN, because it remained without support, and a compromise was reached with the EU, which resulted in a new resolution. The September 2010 resolution emphasized dialogue as a means of normalizing relations, later leading to the dialogue in Brussels.

Serbia’s then policy, guided by impulsive aggression, emotions of hatred, populist nationalist rhetoric, desire for revenge and constant incitement of tension, did not turn out to be the right path, but led to failure. After losing the legal case in the ICJ and losing ground in the UN, Belgrade was forced to change strategy, focusing on the “war on non-recognition” and blocking membership in international organizations. This change, while still harmful for Kosovo, was an indirect admission of the profound failure of their previous strategy.

Above all, the historic ICJ decision served as clear and strong evidence that the policy of the then elite led by Hashim Thaçi, characterized by prudence, pragmatism, self-restraint from provocations or radicalism, was the right path. That strategic approach enabled Kosovo to triumph in the global legal arena by demonstrating that international partnership, self-restraint, and diplomatic wisdom are more effective tools than confrontation.

But the verdict and the aftermath in the UN Assembly also delegitimized and discredited the extremist positions of Kurti and Vetëvendosje, who considered the 2008 declaration of independence incomplete or undignified. The process leading to the ICJ decision showed that Kosovo had the support of the international democratic bloc and that progress came through reforms and cooperation, not through isolation or extremism. The confirmation of international legality also refuted Vetëvendosje’s narrative that February 17 was an act of compromise or submission to the West. Kurti’s anti-Western argument that the country was “under international neo-colonialism” lost its force after the international community clearly supported its statehood and the ICJ confirmed the right of our people to self-determination. In this way, Kurti’s anti-Western discourse was refuted while it was precisely the allies who openly and unsparingly helped Kosovo win the court case.

The decision helped citizens perceive the state as a permanent reality, giving the lie to all those who promised “radical changes” and mocked Kosovo’s “patchwork flag.” The ICJ gave strength and legitimacy to the state institutions created after 2008, and confirmed Thaçi and other political leaders of the time as the right helmsmen for the needs of the time.

In the face of all these failures and discredited predictions, one must applaud Kurti’s ability to reinvent himself in a way that any Madagascar chameleon would envy – and that today he has the courage to speak well of the ICJ. He, who once called Kosovo’s independence “truncated” and “under the shadow of colonialism”, today calls it a victory of international justice, forgetting that it was this very process, which culminated in the ICJ, that delegitimized his extremist rhetoric. This opportunistic 180-degree turn is not hypocrisy by any means, but also evidence of an extraordinary ability to adapt to reality when personal interest demands it.

But where is Kosovo today, 15 years after the victory in the ICJ? Unfortunately, under the current leadership of Albin Kurti, it risks becoming unique not for success, but for the depth of internal polarization, seriously damaging national interests. If Kosovo was once a unique case for independence as a small nation that with sacrifice and effort won the hearts and minds of the democratic world, today its “uniqueness” is linked to the Guinness record of the most rejected candidacy for speaker of the assembly ever, which risks becoming an alibi for the inability to build internal consensus, seriously damaging its image. That young state that once knew how to positively influence skeptical countries, today has managed to disappoint even its closest allies and is listed alongside Russia and Belarus as countries sanctioned by the EU.

If once the challenges came from outside, today Kosovo is “self-hindering” itself with sterile quarrels and a lack of shared vision. The party that claims to be Vetëvendosje by name has in fact become self-isolation. Barren political debates and the blockage of the Assembly have left the state in a state of paralysis, excluding it from generous economic assistance from partners and disappointing even its closest allies. Kosovo risks strategic loss if it continues with a tense and populist internal approach for petty electoral purposes, feeding the claims of our historical enemies that Albanians are incapable of becoming a state.

From a small country that offered the world an inspiring story of the struggle for freedom and justice, it has become a case of disappointment for those who once invested politically and financially in it. Instead of deepening functional sovereignty, the political polarization and irresponsibility of the LVV have turned it into a dysfunctional sovereignty, giving ammunition to any opponent who aims to present Kosovo as a failed state. Therefore, this anniversary of reflection and this bitter mirror should serve as a wake-up call. for Kosovo to abandon polarization, recover diplomatic prudence and return to the path of cooperation with strategic partners, before it completely loses its hard-won credibility. It is expected to revive its former vision and unite to prove that it is not a self-inflicted disaster, but a glorious success story waiting to begin again.